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05-15-2007 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 15, 2007 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: Christie Rock, John Lofdahl, Jim Haugen, Lynn Otteson, Mike Flaata, Chris Kovacic and Chairman Otteson. Absent: Farid Currimbhoy Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated April 17, 2007 Mr. Flaata moved to approve the minutes of April 17, 2007, as submitted. Seconded by Ms. Rock. The minutes were approved unanimously. 4.PUBLIC HEARINGS VARIANCE a) TO REDUCE CORNER SIDE AND FRONT SETBACKS FOR ADDITION TO HOUSE LOCATED AT 447 ERIE STREET S.E. Chairman Otteson opened the hearing at 5:33 p.m. with the reading of publication #7583 as published in the Hutchinson Leader on May 3, 2007. Ms. Bowers commented on the request and noted there will be two additions to the non-conforming house needing a variance. She explained the setback requirements of 25 feet. The house is approximately 17 feet from the south and west property lines. She commented on the need for the additions to improve the flow of the house. She stated the proposed garage will not need a variance if located as shown on the present survey. Ms. Bowers reminded the commissioners to consider the standards for granting a variance including undue hardship and a reasonable request. She stated this is a reasonable request. Staff recommends approval with the following recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the corner lot Minutes Planning Commission – May 17, 2007 Page 2 with large boulevards and the lack of adequate room to construct any addition to improve the entrances to home within the current setbacks. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality. 2. Impervious surface coverage must not be more than 50% of the lot area. The applicant should be aware of the coverage maximum in considering future improvements into their plans. 3. Any relocation of gas or electric service will be at the property owner’s expense. Dave Mielke, 447 Erie Street S.E., commented on the coverage being less than 50%. He stated he will remove the existing garage and replace with a retaining wall. He commented on the other houses’ setbacks. He noted the home was built in the late 1940’s. Mr. Mielke explained the present and future layout of the home. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Flaata, The hearing closed at 5:40 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations with the stated hardship of the large boulevards and no regulations when the house was constructed. Seconded by Mr. Haugen. The motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held May 22, 2007 in the Council Chambers at 5:30 p.m. VARIANCE b) TO REDUCE CORNER SIDE SETBACK FOR REPLACEMENT OF GARAGE AND EXISTING PORCH LOCATED AT 447 HURON STREET S.E. Chairman Otteson opened the hearing at 5:41 p.m. with the reading of publication #7583 as published in the Hutchinson Leader on May 3, 2007. Ms. Bowers explained the request stating a variance is required for the proposed garage and to replace an existing non-conforming porch. She reported this request is similar to the previous request. She explained this property has a non-conforming house and garage. A variance is needed along the southern property line. She stated the driveway for the new garage will be from the alley. Ms. Bowers reported staff recommends more than a 3 foot setback for the garage and she commented reasonable requests and undue hardship. Staff recommends approval with the following recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing nonconforming setback and large boulevards. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality. 2. Lot must not cover more than 50% with impervious surface. Minutes Planning Commission – May 17, 2007 Page 3 3. The porch shall not encroach into the right of way and no overhangs or steps are permitted into the right of way. 4. Any relocation of gas or electric service will be at the property owner’s expense. 5. Plans shall be revised to provide a 10’ corner side yard setback to the garage, rather than the 3’ requested, prior to issuance of a building permit. 6. The existing garage must be removed prior to construction of the new garage on site. Discussion followed on the existing cement area. Ms. Bowers stated they will be removing some of the concrete for backyard area and keep access th on 5 but reduce the concrete size. The garage driveway will be from the alley. Discussion followed regarding the porch overhang not to be encroaching over the right of way. Mr. Brown, property owner, explained the need to create a private backyard space. He explained he will change the entrance to the porch to come in from the east and eliminate the south sidewalk to the porch. The new garage will have a cement driveway from the alley. Mr. Lofdahl made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 5:50 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations noting the hardship meets hardship standards and previous decisions. Seconded by Mr. Haugen, the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held May 22, 2007, in the Council Chambers at 5:30 p.m. CONDITIONAL USE PERMIT TO AMEND THE PLANNED c) DEVELOPMENT DISTRICT AND SEVEN LOT SPLITS LOCATED IN KOTTKE COURT SUBMITTED BY HAGEN BUILDERS Chairman Otteson opened the hearing at 5:52 p.m. with the reading of publication #7583 as published in the Hutchinson Leader on May 3, 2007. Ms. Bowers commented on the request to amend the planned development district and split the seven lots for twin home development in a previously platted subdivision by another developer. The present owner is requesting a new housing style. She explained all lots will be split at one time. She explained the revisions to the set backs. She stated the setbacks are measured to the unit lot not the curb. The houses will be 25 feet to the street. She commented on the changes in the previous recommendations. There is a small area between the retaining wall and the building for drainage purposes. If a swale is not feasible, draintile inlets or piping must be used. Staff recommends approval with the following recommendations: Minutes Planning Commission – May 17, 2007 Page 4 1. The setbacks for the development shall be 10 feet from the front lot line, 8’ from the rear lot line, and 6’ from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50’ structure setback is required from the ordinary high water level. 2. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 3. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 4. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. Discussion followed of the drainage needs in a tight area. Mr. Exner commented on the boulder retaining wall. His recommendation is a tile with inlets. Ms. Bowers stated the plan has not changed. Mr. Exner stated the drainage must be provided to staff. There was discussion on the lots being less than 5000 sq. ft. Ms. Bower explained that was part of the original PDD. She stated there is sufficient area in the total development. Mike Hagen, Hagen Builders, clarified the drainage issue 5-6 feet from lot line to the face of the wall. They are planning on using tile with inlets to take water to the back. Mr. Hagen explained the house design may be changed and they will maintain the setback. Discussion followed on the possibility of meeting the setback with a different house plan There was also discussion on the use of Outlot B and the uses allowed. Mr. Hagen asked for an explanation of number 7. Ms. Bowers stated the other subdivisions in the area have the same requirements to disclose to buyers the City owned activities across the river that could create noise and odor. Mr. Hagen explained the four back lots will be walkouts. Lots 1,2 and 7 will be slab on grade. Minutes Planning Commission – May 17, 2007 Page 5 Ms. Bower explained there is flexibility within the lots as long as the setbacks are maintained. Mr. Hagen explained there will not be roofs over any of the decks. Dennis Boncquet, 1355 Jefferson, questioned if the wetland area would be destroyed. Ms. Bowers explained she would encourage the developer to leave the wetlands as is. Mr. Hagen stated his intention is to keep as much natural habitat as the City will allow. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Lofdahl, the hearing closed at 6:15 p.m. Ms. Rock made a motion to recommend approval of the request with staff recommendations amending #5 to allow additions on units 1 and 2 if they meet the 8 foot setback. Seconded by Mr. Flaata, the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held May 22, 2007 in the Council Chambers at 5:30 p.m. 5.NEW BUSINESS FINAL PLAT a) TO BE KNOWN AS EXCELSIOR ADDITION SUBMITTED BY JEFF MUNSELL Ms. Bowers commented on the plat and the location of the site. She stated there are very few changes from the preliminary plat. Staff reviewed the plat and it meets the requirements. They recommend approval of the final plat with the following recommendations: 1. The plans shall be revised to comply with the required revisions and comments listed in the City Engineer’s memorandum dated April 30, 2007. Final plat approval is subject to City Engineer’s approval. 2. A variance was previously approved for lot depth between Block 1, Lots 1&2 and 4&5. 3. Construction on the lots must meet the setback and coverage requirements of the R-2 zoning district. 4. The location of garages and driveways shall be coordinated to align garages and driveways to minimize utility conflicts and maximize green space. Lots 1 & 2 and 4 & 5 shall have their driveways aligned to the side of the lot along the shared lot line. 5. A subdivision agreement will be required prior to approval of the final plat. Fees shall be paid in accordance with this agreement. Escrow for the cost of two trees per lot (10 trees) shall be paid prior to signing the final plat. 6. A stop sign will be required at California and Alaska Court and will be included as a requirement in the subdivision agreement. 7. The applicant will coordinate with adjacent property owners and the project surveyor regarding identification of the property lines and any necessary relocation of accessory buildings that encroach onto the subject property. No building permits will be issued for these lots until the relocation of the accessory buildings has been completed. Minutes Planning Commission – May 17, 2007 Page 6 Discussion followed on the City park trail which encroaches onto Mr. Munsell’s lots. The City will work with the developer on the moving of the trail. Mr. Exner reported there is approximately 200 feet of trail to be moved. . Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lofdahl, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held May 22, 2007 in the Council Chambers at 5:30 p.m. SITE PLAN b) FOR FARMERS MARKET PAVILION Ms. Bowers commented on the application from the Hutchinson EDA and explained the location of the pavilion area within the public right of way. She commented on the site plan and the use. Mr. Seppelt gave an overview of the plan from the downtown master plan. He stated the EDA would like this project completed in 2007. He explained this is a public structure in the public right-of-way. Mr. Seppelt explained there are 3 st elements to the proposal. There will be a structure along 1 Ave, one on the corner and one along Hassan Street. He commented on the corner element and the size and height of the pavilion. He stated the pavilion will be 10 feet in height. He explained he discussed the proposed size and height with the street dept. for snow removal. Rain gutters will be placed on the structure. The structure will be used by the Farmer’s Market vendors. There will be 18 spaces for vendors. Mr. Seppelt explained the pavilion will look similar to the structures in Library Square. Discussion followed on the parking spaces. It will be used primarily for the Farmer’s Market and may also be used for other activities. He explained this is an amenity for the Arts and Crafts Festival. The intent is to put electrical power in the structures. The pavilion will be owned by the City and the City can rent it out. The EDA will fund it from the downtown loan fund. Discussion followed on the cost. Mr. Seppelt stated the project must meet the budget. He explained that using City Staff will help minimize the cost. Discussion followed on the need for the Planning Commission to review site plans. There was also discussion on the need for a franchise agreement. Ms. Bowers and Atty. Sebora will research the franchise agreement question. Mr. Seppelt commented on the rules in place for the Farmer’s Market. Ms. Rock made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kovacic, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held May 22, 2007 in the Council Chambers at 5:30 p.m. Minutes Planning Commission – May 17, 2007 Page 7 RESOLUTION c) OF THE CITY OF HUTCHINSON PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4-15 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY Ms. Bowers commented on the request for the Planning Commission to provide a recommendation for the Modification to the TIF District. Mr. Seppelt explained the request and the property acquired by the EDA th on 5 Ave SE. He stated the EDA approved a spec building for the site. He explained the need for a TIF district to help pay for the project. The Planning Commission must review the request to confirm it will fit with the over all plan for development of the community. The TIF money would stay with the property. Mr. Seppelt explained the TIF district taxing to the properties. He commented on the makeup of the proposed building. Ms. Rock moved to approve the request. Seconded by Mr. Lofdahl. The motion carried unanimously. REVIEW OF CONDITIONAL USE PERMIT d)REQUIREMENTS FOR NEW RD DIMENSION PLATING, 540 – 3 Ave. N.W Atty. Sebora explained the item and updated the Planning Commission on the Conditional Use Permit granted in 1994 to New Dimension Plating. He explained the requirements at that time. He stated with the expansion of Montana Street it became apparent some of the requirements have not been met. The City is working with the current property owner to resolve the matter. Discussion followed on how the recommendations are enforced. Atty. Sebora will keep the commissioners informed. 6.OLD BUSINESS 7.COMMUNICATION FROM STAFF a.) Ms. Bowers updated the Commission on the Hwy 7 Corridor Study open th house to be held on June 6 from 6-8 p.m. She explained Landform is working on background materials. 8.ADJOURNMENT There being no further business the meeting adjourned at 7:00 p.m.